Responding to racism and discrimination — free complaint process
You don't have to put up with racism at work, in housing or when using services. This guide walks you step by step through the free complaint and conciliation processes of the AHRC and state anti-discrimination bodies, starting with gathering evidence.
What racial discrimination does the law prohibit
Australia's Racial Discrimination Act 1975 makes it unlawful to treat someone unfavourably because of their race, colour, or national or ethnic origin. It applies across everyday life — work (hiring, promotion, dismissal), housing (rental refusals), shops and services, education — and protects everyone in Australia, whether you are a permanent resident or a temporary visa holder. If you have been discriminated against, complaining is your right, and free processes are in place.
Discrimination vs racial hatred
Discrimination is unfavourable treatment because of race or similar grounds — for example, being rejected for a job because of your accent, refused a rental because of your country of origin, or denied service. Racial hatred is insulting, threatening or ridiculing someone because of their race in a public place or medium, and is separately prohibited under the same Act (section 18C). Both can be the subject of an AHRC complaint, and conduct that amounts to a criminal offence, such as assault or intimidation, should also be reported to the police.
The free AHRC complaint process
Complaints to the AHRC (Australian Human Rights Commission) are free, can be lodged online, and come with interpreter support. Once a complaint is received, the AHRC looks into it and then arranges conciliation between you and the other party (a person or a company). It is a process for reaching agreement — an apology, changes to policies and practices, financial compensation and so on — without going to court.
How conciliation works
A neutral conciliator brings both sides together by phone, video or in person. Because it is a private, non-court process, there is no court record and nothing is made public, and a large share of matters are resolved by agreement at this stage. Outcomes vary with the case — a written apology, training to prevent repeat conduct, reinstatement, financial compensation and more.
- Lodge online: use the complaint form at humanrights.gov.au — if English is difficult, you can request interpreter support (TIS 131 450)
- Deadline: lodging within 24 months of the incident is recommended — older matters may be terminated (check officially for the current rules)
Gathering evidence — what to prepare before you complain
Both the inquiry and conciliation run on concrete facts. Memories fade with time, so a record made right after the incident is your strongest evidence. You can still complain without perfect evidence, but preparing the three things below will make the process much smoother.
- Incident record: note the date and time, place, what was said and done, and the surrounding context, in order, right after the incident
- Physical evidence: screenshots of texts, emails and social media messages; keep related documents (job ads, rental listings, rejection notices, etc.)
Four complaint pathways for different situations
Even for the same discrimination, the most suitable body depends on the situation. The same incident can only proceed through one pathway (federal and state lodgements cannot be duplicated), so compare the four pathways below before you lodge.
The federal body covering racial discrimination and racial hatred across work, housing, services and education. Online, free, with interpreter support, available anywhere in Australia. A non-court process centred on conciliation.
Parallel pathways under each state's law, such as Anti-Discrimination NSW and VEOHRC in Victoria. Locally based conciliation is a strength, but the same incident cannot be lodged with both the AHRC and a state body — choose only one.
Adverse treatment at work because of race falls under general protections. Applications involving dismissal have a 21-day deadline. Report unpaid wages and breaches of working conditions to the Fair Work Ombudsman.
For immediate danger such as assault, threats or property damage, call 000. For a hate crime, you can report to the police and lodge a discrimination complaint in parallel; the non-emergency line is 131 444.
Checklist before you complain
Once you decide to complain, work through the five points below in order. The better prepared your complaint, the more likely conciliation will deliver the outcome you want.
- Check for immediate danger first — if you are in danger, call 000, and lodge the discrimination complaint once you are safe
- Complete your records — put your incident notes, message screenshots and witness contact details together in one folder
- Choose a pathway — for a workplace matter involving dismissal, look first at the Fair Work pathway with its 21-day deadline; otherwise choose either the AHRC or your state body
Five things to watch out for and common mistakes
The process itself is not difficult, but the mistakes below sometimes get a legitimate complaint terminated or put the complainant at a disadvantage. Know them in advance and avoid them.
- Duplicate lodgement — lodging the same incident with both the AHRC and a state anti-discrimination body means it won't proceed. Always choose one pathway only
- Missing the deadline — Fair Work applications involving dismissal have a 21-day limit, and the AHRC may terminate complaints more than 24 months old. Putting up with it until the deadline passes is the most common mistake
Useful official links
- AHRC 신고 안내 (Complaints)(opens in a new window)
Australian Human Rights Commission complaints page — online complaint form, process guide, interpreter support
- Anti-Discrimination NSW(opens in a new window)
NSW anti-discrimination body — discrimination complaints and conciliation under the state Anti-Discrimination Act
- Fair Work Ombudsman(opens in a new window)
Advice and reporting on workplace rights, pay and conditions — free interpreters available